Stricter rules for foreign postings to Belgium

Practically speaking, the law imposes stricter requirements for the contents of the posted worker’s employment contract and higher penalties if the company doing the posting fails to appoint a liaison.

Since July, the employment contract on which a worker’s posting is based must include:

• the identities of all parties;
• the employer’s registered office;
• a sufficient description of the assignment’s scope;
• employment start and end dates;
• the salary and benefits;
• working hours;
• pay frequency.

If the posted worker’s employment contract does not contain this information, the employer is considered in violation.

Additionally, the company doing the posting must appoint a liaison. If the posting company fails to do so, it now risks a Level 4 penalty, as opposed to the previous Level 2 penalty. This means they may be subject to a jail sentence lasting from 6 months to 3 years and/or criminal fines of 600 to 6,000 euros or administrative fines of 300 to 3,000 euros. Furthermore, these amounts may be increased by various multiplying factors as applicable.

Any questions? Be sure to begin by contacting a socio-legal adviser if you are contemplating secondment.